- (1.) IN the instant appeal prayer has been made for payment of retiral dues and arrears due to the appellant, who is the second wife of Late Dadan Singh and also to give appointment to the appellant's son Rabi Kumar Singh on compassionate ground. The appellant's husband died in harness on 03.06.2003 leaving behind the appellant and her sons. According to the appellant, after the death of her husband, she was entitled to all service benefits and death -cum -retiral dues and her son Rabi Kumar Singh is also entitled for appointment on compassionate ground.
(2.) BEFORE the learned Single Judge, the first respondent -Jharkhand State Agriculture Marketing Board has filed the counter affidavit stating that the deceased Dadan Singh had two wives and the first wife is Phuljharo Kuer and appellant is the second wife of Late Dadan Singh who died in harness on 03.06.2003. In paragraph 7(b) of the counter affidavit filed in the writ petition by the first respondent, the retiral benefits and other amounts payable to the family of the deceased Dadan Singh is stated which is as under: - (b) It is stated that Bihar State Agricultural marketing Board vide letter No. 965 dated 01.09.2011 sent Bank Draft No. 605026 dated 24.03.2011 for payment to heirs of Late Dadan Singh. Out of which Rs. 96000/ - was on account of Group Insurance and Rs. 1,84,838/ - was Gratuity (Total Rs. 2,80,834/ -). Out of said amount of Rs. 2,80,834/ - half of amount has already been paid to said Mostt. Phuljharo Kuer by the Respondent No. 3.
(3.) ACCORDING to the first respondent, half of the amount has already been paid to the first wife Phuljharo Kuer and the remaining of the retiral benefit and other amount which is payable to the second wife is still with the Board. Learned counsel for the appellant submitted that in spite of her representation and the order passed by this Hon'ble Court on 20.08.2013, remaining half of the amount has not been paid to the appellant. Learned counsel for the appellant has drawn our attention to the order passed on 20.08.2013 and submitted that in spite of the direction issued by this Hon'ble Court to consider the case of the appellant for appointing her son Rabi Kumar Singh on compassionate ground, the same was not considered by the first respondent.;